House File 588 - Introduced HOUSE FILE 588 BY CROKEN A BILL FOR An Act prohibiting the use, manufacture, distribution, and sale 1 of consumer products containing certain chemicals and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2664YH (3) 91 sb/js
H.F. 588 Section 1. NEW SECTION . 455F.12 Food packaging fire 1 fighting foam fire fighting personal protective equipment 2 perfluoroalkyl or polyfluoroalkyl substances. 3 1. As used in this section, unless the context otherwise 4 requires: 5 a. Class B fire fighting foam means foam designed to 6 extinguish flammable-liquid fires. 7 b. Fire fighting personal protective equipment means 8 any clothing designed, intended, or marketed to be worn by 9 fire fighting personnel in the performance of their duties 10 during fire and rescue activities, including but not limited 11 to jackets, pants, shoes, gloves, helmets, and respiratory 12 equipment. 13 c. Food packaging means a package, including a unit 14 package, intermediate package, or shipping container, or 15 a packaging component, including any interior or exterior 16 blocking, bracing, cushioning, weatherproofing, exterior 17 strapping, coating, closure, ink, or label, that is intended 18 for the marketing, protection, or handling of a product 19 intended for food contact or used to store food for sale. 20 d. Perfluoroalkyl substance or polyfluoroalkyl substance 21 means a class of fluorinated organic chemicals containing at 22 least one fully fluorinated carbon atom. 23 2. On and after January 1, 2026, except as otherwise 24 provided, a person shall not knowingly manufacture, sell, offer 25 for sale, distribute for sale, or distribute for use in this 26 state on or after January 1, 2026, food packaging, class B fire 27 fighting foam, or fire fighting personal protective equipment 28 to which a perfluoroalkyl substance or polyfluoroalkyl 29 substance has been intentionally added in any amount. 30 3. Subsection 2 does not apply to new food packaging, class 31 B fire fighting foam, or fire fighting personal protective 32 equipment that is sold, offered for sale, or distributed for 33 promotional purposes in the state by a retailer or wholesaler 34 on or after January 1, 2026, that was imported into the 35 -1- LSB 2664YH (3) 91 sb/js 1/ 13
H.F. 588 state or otherwise purchased or acquired by the retailer or 1 wholesaler for sale or distribution in the state prior to 2 January 1, 2026. 3 Sec. 2. NEW SECTION . 455F.13 Class B fire fighting foam 4 prohibition exceptions. 5 1. For purposes of this section, unless the context 6 otherwise requires: 7 a. Class B fire fighting foam means the same as defined 8 in section 455F.12. 9 b. Local government means a county, city, township, fire 10 district, or other special purpose district that provides fire 11 fighting services. 12 c. Perfluoroalkyl substance or polyfluoroalkyl substance 13 means the same as defined in section 455F.12. 14 d. Terminal means a fuel storage and distribution facility 15 that has been assigned a terminal control number by the federal 16 internal revenue service. 17 2. On and after January 1, 2026, except as otherwise 18 provided, a person, local government, or state agency shall 19 not discharge or otherwise use for training purposes a class B 20 fire fighting foam that contains a perfluoroalkyl substance or 21 polyfluoroalkyl substance that was intentionally added. 22 3. Subsection 2 does not apply to the use, manufacture, 23 sale, or distribution of a class B fire fighting foam that 24 includes a perfluoroalkyl substance or polyfluoroalkyl 25 substance that was intentionally added when the inclusion of 26 the perfluoroalkyl substance or polyfluoroalkyl substance 27 is required by federal law. If an applicable federal law 28 allows the use of an alternative fire fighting agent that does 29 not contain a perfluoroalkyl substance or polyfluoroalkyl 30 substance, the department of health and human services may 31 adopt rules that restrict the use, manufacture, sale, and 32 distribution of class B fire fighting foam for uses that are 33 addressed by the applicable federal law. 34 4. Subsection 2 does not apply to the use, manufacture, 35 -2- LSB 2664YH (3) 91 sb/js 2/ 13
H.F. 588 sale, or distribution of a class B fire fighting foam that 1 includes a perfluoroalkyl substance or polyfluoroalkyl 2 substance that was intentionally added when the class B fire 3 fighting foam is used by a person operating a terminal. 4 5. Subsection 2 does not apply to class B fire fighting 5 foam purchased by a local government or state agency prior to 6 January 1, 2026. 7 Sec. 3. NEW SECTION . 455F.14 Products containing 8 perfluoroalkyl or polyfluoroalkyl substances. 9 1. For purposes of this section: 10 a. Adult mattress means a mattress other than a crib 11 mattress or toddler mattress. 12 b. Air care product means a chemically formulated consumer 13 product labeled to indicate that the purpose of the product is 14 to enhance or condition the indoor environment by eliminating 15 odors or freshening the air. 16 c. Automotive maintenance product means a chemically 17 formulated consumer product labeled to indicate that the 18 purpose of the product is to maintain the appearance of a motor 19 vehicle, including products for washing, waxing, polishing, 20 cleaning, or treating the exterior or interior surfaces of 21 motor vehicles. Automotive maintenance product does not 22 include automotive paint or paint repair products. 23 d. Carpet or rug means a fabric marketed or intended for 24 use as a floor covering. 25 e. Cleaning product means a finished product used 26 primarily for domestic, commercial, or institutional cleaning 27 purposes, including but not limited to an air care product, an 28 automotive maintenance product, a general cleaning product, or 29 a polish or floor maintenance product. 30 f. Cookware means durable houseware items used to prepare, 31 dispense, or store food, foodstuffs, or beverages. Cookware 32 includes pots, pans, skillets, grills, baking sheets, baking 33 molds, trays, bowls, and cooking utensils. 34 g. Cosmetic means articles, excluding soap, intended to be 35 -3- LSB 2664YH (3) 91 sb/js 3/ 13
H.F. 588 rubbed, poured, sprinkled, or sprayed on, introduced into, or 1 otherwise applied to the human body or any part thereof for the 2 purpose of cleansing, beautifying, promoting attractiveness, or 3 altering appearance, and includes items intended for use as a 4 component of any such article. 5 h. Currently unavoidable use means a use of a 6 perfluoroalkyl substance or polyfluoroalkyl substance that the 7 commission has determined by rule under this section to be 8 essential for health, safety, or the functioning of society and 9 for which alternatives are not reasonably available. 10 i. Director means the director of the department. 11 j. Fabric treatment means a substance applied to fabric to 12 give the fabric one or more characteristics, including stain 13 resistance or water resistance. 14 k. Intentionally added means the deliberate addition of a 15 perfluoroalkyl substance or polyfluoroalkyl substance during 16 the manufacture of a product when the continued presence of 17 a perfluoroalkyl substance or polyfluoroalkyl substance is 18 desired in the final product or one of the products components 19 to perform a specific function. 20 l. (1) Juvenile product means a product designed or 21 marketed for use by infants and children under twelve years 22 of age including a baby or toddler foam pillow; bassinet; 23 bedside sleeper; booster seat; changing pad; child restraint 24 system for use in motor vehicles and aircraft; co-sleeper; crib 25 mattress; highchair; highchair pad; infant bouncer; infant 26 carrier; infant seat; infant sleep positioner; infant swing; 27 infant travel bed; infant walker; nap cot; nursing pad; nursing 28 pillow; play mat; playpen; play yard; polyurethane foam mat, 29 pad, or pillow; portable foam nap mat; portable infant sleeper; 30 portable hook-on chair; soft-sided portable crib; stroller; or 31 toddler mattress. 32 (2) Juvenile product does not include a childrens 33 electronic product such as a personal computer, audio and 34 video equipment, calculator, wireless phone, game console, 35 -4- LSB 2664YH (3) 91 sb/js 4/ 13
H.F. 588 handheld device incorporating a video screen, or any associated 1 peripheral such as a mouse, keyboard, power supply unit, or 2 power cord; or an adult mattress. 3 m. Manufacturer means the person that creates or 4 produces a product or whose brand name is affixed to the 5 product. In the case of a product imported into the United 6 States, manufacturer includes the importer or first domestic 7 distributor of the product if the person that manufactured or 8 assembled the product or whose brand name is affixed to the 9 product does not have a presence in the United States. 10 n. Medical device has the meaning given device under 21 11 U.S.C. 321(h). 12 o. Perfluoroalkyl substance or polyfluoroalkyl substance 13 means the same as defined in section 455F.12. 14 p. Product means an item manufactured, assembled, 15 packaged, or otherwise prepared for sale to consumers, 16 including but not limited to its product components, that is 17 sold or distributed for personal, residential, commercial, or 18 industrial use, including for use in making other products. 19 q. Product component means an identifiable component of a 20 product, regardless of whether the manufacturer of the product 21 is the manufacturer of the component. 22 r. Ski wax means a lubricant applied to the bottom of 23 snow runners, including skis and snowboards, to improve grip or 24 glide properties. Ski wax includes related tuning products. 25 s. Textile means an item made in whole or part from a 26 natural or synthetic fiber, yarn, or fabric. Textile includes 27 leather, cotton, silk, jute, hemp, wool, viscose, nylon, and 28 polyester. 29 t. Textile furnishings means textile goods of a type 30 customarily used in households and businesses, including 31 draperies, floor coverings, furnishings, bedding, towels, and 32 tablecloths. 33 u. Upholstered furniture means an article of furniture 34 that is designed to be used for sitting, resting, or reclining 35 -5- LSB 2664YH (3) 91 sb/js 5/ 13
H.F. 588 and that is wholly or partly stuffed or filled with any filling 1 material. 2 2. a. By January 1, 2026, a manufacturer of a product sold, 3 offered for sale, or distributed in the state that contains an 4 intentionally added perfluoroalkyl substance or polyfluoroalkyl 5 substance must submit to the director information that includes 6 all of the following: 7 (1) A brief description of the product, including a 8 universal product code, stock keeping unit, or other numeric 9 code assigned to the product. 10 (2) The purpose for which a perfluoroalkyl substance or 11 polyfluoroalkyl substance is used in the product, including in 12 any product components. 13 (3) The amount of each perfluoroalkyl substance or 14 polyfluoroalkyl substance, identified by its chemical abstracts 15 service registry number, in the product, reported as an exact 16 quantity determined using commercially available analytical 17 methods or as falling within a range approved for reporting 18 purposes by the director. 19 (4) The name and address of the manufacturer and the 20 name, address, and phone number of a contact person for the 21 manufacturer. 22 (5) Any additional information requested by the director as 23 necessary to implement the requirements of this section. 24 b. With the approval of the director, a manufacturer may 25 supply the information required in paragraph a for a category 26 or type of product rather than for each individual product. 27 c. A manufacturer must submit the information required 28 under this subsection whenever a new product that contains an 29 intentionally added perfluoroalkyl substance or polyfluoroalkyl 30 substance is sold, offered for sale, or distributed in the 31 state and update and revise the information whenever there is 32 a significant change in the information or when requested to 33 do so by the director. 34 d. A person shall not sell, offer for sale, or distribute 35 -6- LSB 2664YH (3) 91 sb/js 6/ 13
H.F. 588 for a sale in the state a product containing an intentionally 1 added perfluoroalkyl substance or polyfluoroalkyl substance 2 if the manufacturer has failed to provide the information 3 required under this subsection and the person has received a 4 notification under subsection 4. 5 3. a. The director may waive all or part of the information 6 requirement under subsection 2 if the director determines 7 that substantially equivalent information is already publicly 8 available. The director may grant a waiver under this 9 paragraph to a manufacturer or a group of manufacturers for 10 multiple products or a product category. 11 b. For a fertilizer regulated under chapter 200, an 12 agricultural liming material regulated under chapter 201A, 13 or a pesticide regulated under chapter 206, a manufacturer 14 may satisfy the requirements of subsection 2 by submitting 15 the information required by that subsection as part of its 16 registration or approval process under chapter 200, 201A, or 17 206. For information that is regulated under chapter 200, 18 201A, or 206, the director and the secretary of agriculture 19 must jointly determine whether to make the information publicly 20 available based on applicable statutes. 21 c. The director may enter into an agreement with one or more 22 other states or political subdivisions of a state to collect 23 information and may accept information in a shared system as 24 meeting the information requirement under subsection 2. 25 d. The director may extend the deadline for submission by 26 a manufacturer of the information required under subsection 27 2 if the director determines that more time is needed by the 28 manufacturer to comply with the submission requirement. 29 4. a. If the director has reason to believe that a product 30 contains an intentionally added perfluoroalkyl substance or 31 polyfluoroalkyl substance and the product is being offered for 32 sale in the state, the director may direct the manufacturer 33 of the product to, within thirty days, provide the director 34 with testing results that demonstrate the amount of each 35 -7- LSB 2664YH (3) 91 sb/js 7/ 13
H.F. 588 perfluoroalkyl substance or polyfluoroalkyl substance, 1 identified by its chemical abstracts service registry number, 2 in the product, reported as an exact quantity determined using 3 commercially available analytical methods or as falling within 4 a range approved for reporting purposes by the director. 5 b. If testing demonstrates that the product does not 6 contain an intentionally added perfluoroalkyl substance or 7 polyfluoroalkyl substance, the manufacturer must provide the 8 director a certificate attesting that the product does not 9 contain an intentionally added perfluoroalkyl substance or 10 polyfluoroalkyl substance, including testing results and any 11 other relevant information. 12 c. If testing demonstrates that the product contains an 13 intentionally added perfluoroalkyl substance or polyfluoroalkyl 14 substance, the manufacturer must provide the director with the 15 testing results and the information required under subsection 16 2. 17 d. A manufacturer must notify persons who sell or offer 18 for sale a product prohibited under subsection 2 or 5 that the 19 sale of that product is prohibited in this state and provide 20 the director with a list of the names and addresses of those 21 notified. 22 e. The director may notify persons who sell or offer for 23 sale a product prohibited under subsection 2 or 5 that the sale 24 of that product is prohibited in this state. 25 5. a. On and after January 1, 2026, a person shall not 26 sell, offer for sale, or distribute for sale in this state 27 any of the following products if the product contains an 28 intentionally added perfluoroalkyl substance or polyfluoroalkyl 29 substance: 30 (1) Carpets or rugs. 31 (2) Cleaning products. 32 (3) Cookware. 33 (4) Cosmetics. 34 (5) Dental floss. 35 -8- LSB 2664YH (3) 91 sb/js 8/ 13
H.F. 588 (6) Fabric treatments. 1 (7) Juvenile products. 2 (8) Menstruation products. 3 (9) Textile furnishings. 4 (10) Ski wax. 5 (11) Upholstered furniture. 6 b. The commission may by rule identify additional products 7 by category or use that shall not be sold, offered for sale, or 8 distributed for sale in this state if the product contains an 9 intentionally added perfluoroalkyl substance or polyfluoroalkyl 10 substance, but a prohibition adopted under this paragraph shall 11 not take effect prior to January 1, 2026. The commission 12 shall prioritize the prohibition of the sale of product 13 categories that, in the directors judgment, are most likely 14 to contaminate or harm the states environment and natural 15 resources if such product categories contain intentionally 16 added perfluoroalkyl substances or polyfluoroalkyl substances. 17 c. On and after January 1, 2032, a person shall not sell, 18 offer for sale, or distribute for sale in this state any 19 product that contains an intentionally added perfluoroalkyl 20 substance or polyfluoroalkyl substance, unless the director has 21 determined by rule that the use of a perfluoroalkyl substance 22 or polyfluoroalkyl substance in the product is a currently 23 unavoidable use. The director may specify specific products 24 or product categories for which the director has determined 25 the use of a perfluoroalkyl substance or polyfluoroalkyl 26 substance is a currently unavoidable use. The director shall 27 not determine that the use of a perfluoroalkyl substance 28 or polyfluoroalkyl substance in a product is a currently 29 unavoidable use if the product is listed in paragraph a . 30 d. The director shall not take action under paragraph b 31 or c with respect to a fertilizer as defined under chapter 32 200, an agricultural liming material as defined under chapter 33 201A, or a pesticide as defined under chapter 206 unless the 34 secretary of agriculture approves the action. 35 -9- LSB 2664YH (3) 91 sb/js 9/ 13
H.F. 588 6. The commission may establish by rule a fee payable by a 1 manufacturer to the director upon submission of the information 2 required under subsection 2 to cover the departments 3 reasonable costs to implement this section. Fees collected 4 under this subsection shall be deposited into the environment 5 first fund created under section 8.57A and shall be used for 6 purposes of that section. 7 7. a. The director may enforce this section pursuant to 8 provisions in this chapter and rules adopted by the commission 9 pursuant to chapter 17A. The director may coordinate with 10 the secretary of agriculture or director of health and human 11 services in enforcing this section. 12 b. When requested by the director, a person must furnish to 13 the director any information that the person may have or may 14 reasonably obtain that is relevant to show compliance with this 15 section. 16 8. a. This section does not apply to the following: 17 (1) A product for which federal law governs the presence of 18 a perfluoroalkyl substance or polyfluoroalkyl substance in the 19 product in a manner that preempts state authority. 20 (2) A product regulated under section 455F.12 or 455F.13. 21 (3) The sale or resale of a used product. 22 b. Subsections 4 and 5 do not apply to a prosthetic or 23 orthotic device or to any product that is a medical device 24 or drug or that is otherwise used in a medical setting or in 25 medical applications regulated by the United States food and 26 drug administration. 27 9. The commission may adopt rules under chapter 17A as 28 necessary to implement or enforce this section. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanations substance by the members of the general assembly. 32 This bill relates to certain consumer products that contain 33 perfluoroalkyl and polyfluoroalkyl substances (PFAS). The 34 bill defines terms related to PFAS, including various types of 35 -10- LSB 2664YH (3) 91 sb/js 10/ 13
H.F. 588 products the bill affects. 1 The bill prohibits the sale of food packaging, class B fire 2 fighting foam, and fire fighting personal protective equipment 3 that contains PFAS that were intentionally added. The bill 4 makes an exception for new food packaging, class B fire 5 fighting foam, and fire fighting personal protective equipment 6 that is otherwise subject to the prohibition but was imported 7 into the state or otherwise purchased or acquired by a retailer 8 or wholesaler for sale or distribution in the state prior to 9 January 1, 2026. 10 The bill also prohibits a person, local government, or 11 state agency from discharging or otherwise using for training 12 purposes a class B fire fighting foam that contains PFAS that 13 were intentionally added, with certain exceptions. 14 The bill requires manufacturers to submit detailed 15 information to the director of the department of natural 16 resources (director) by January 1, 2026, for any product 17 containing intentionally added PFAS. The required information 18 includes a description of the product, the products purpose, 19 and the amount of each PFAS in the product, contact details 20 of the manufacturer, and any other additional information 21 requested by the director. After the initial submission of 22 information, the bill requires the manufacturer to submit the 23 required information for any new products and update existing 24 reports if significant changes occur. 25 The bill allows the director to grant waivers for all or 26 part of the information requirement if similar information 27 is already publicly available or to extend the deadline 28 requirement if the director determines more time is needed. 29 The bill allows information submitted for the registration 30 or approval of fertilizers, agricultural liming material, or 31 pesticides regulated under other Code chapters to fulfill the 32 information requirements. 33 The bill allows the director to enter into an agreement with 34 one or more other states or political subdivisions of a state 35 -11- LSB 2664YH (3) 91 sb/js 11/ 13
H.F. 588 to collect information and to accept information in a shared 1 system as meeting the information requirement. 2 If the director has reason to believe a product contains 3 intentionally added PFAS, the bill allows the director to 4 require the manufacturer of a product to test the product 5 for PFAS to confirm the presence and quantity of PFAS in the 6 product. The bill provides the procedures the manufacturer and 7 director must follow depending on the outcome of the testing. 8 The bill prohibits the sale of certain products containing 9 intentionally added PFAS starting January 1, 2026, including 10 carpets or rugs, cleaning products, cookware, cosmetics, dental 11 floss, fabric treatments, juvenile products, menstruation 12 products, textile furnishings, ski wax, and upholstered 13 furniture. The bill allows the environmental protection 14 commission (EPC) to add additional products to this list if 15 such products contain intentionally added PFAS. 16 The bill prohibits the sale of any products containing 17 intentionally added PFAS beginning January 1, 2032, unless 18 the director determines the use of PFAS in the product is an 19 unavoidable use. 20 The bill allows the director to establish rules requiring 21 a fee payable by the manufacturer upon the submission of the 22 information requirements to cover the department of natural 23 resources reasonable costs to implement the bill. The 24 collected fees will be deposited in the environment first fund. 25 The bill authorizes the director to enforce the provisions 26 of the bill and to coordinate with other state agencies in 27 the enforcement. The bill requires manufacturers to provide 28 relevant compliance information when requested by the director. 29 The bill does not apply to products regulated by federal law, 30 products regulated under Code sections 455F.12 and 455F.13, the 31 sale of used products, certain medical drugs or devices, or 32 medical applications regulated by the United States food and 33 drug administration. 34 The bill authorizes EPC to adopt rules to implement the 35 -12- LSB 2664YH (3) 91 sb/js 12/ 13
H.F. 588 provisions of the bill. 1 A violation of the bill is a simple misdemeanor. A simple 2 misdemeanor is punishable by confinement for no more than 30 3 days or a fine of at least $105 but not more than $855 or by 4 both. 5 -13- LSB 2664YH (3) 91 sb/js 13/ 13